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Madras High CourtWP(MD)/28006/2023allowed

R.Manjula v. . The State Of Tamil Nadu

2023-11-28Honourable Mr Justice R.Vijayakumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.28006 of 2023

1. R.Manjula

2. L.R.Uma Sankari

3. N.Subbulakshmi

4. A.Shamsath Nisha

5. R.Priyavaishnavi

6. H.Kavipriya

7. S.Vijayalakshmi

8. G.Karthik

9. M.Muthuraman

10. M.Srijanaki

11. A.G.Krishnaveni

12. V.Bagiyalakshmi

13. G.Jeyanthi

14. K.Sumathi 1/7

15. N.B.Senthil

16. K.Kamatchi

17. S.Prakasam

18. S.Pavithra

19. S.Chockalingam

20. M.Kumar

21. K.Priyanga

22. R.Harish

23. S.Janaki Raman

24. M.Nachu Kannan

25. Sanjay Andiappan

26. K.Santhi

27. S.Radhika ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Principal Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

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3. The Dean, Madurai Medical College, Madurai.

4. The Dean, Government Medical College, Karur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to sanction and release the salary, allowances and other attendant benefits forthwith in terms of G.O(Ms) No.293, Health and Family Welfare (A1) Department, dated 18.06.2021 in favour of the petitioners along with the arrears from the date of Government Order.

For Petitioners : Mr.S.Venkatasubramaniyan For Respondents : Mr.V.Om Prakash Government Advocate

O R D E R

The present writ petition has been filed seeking a Mandamus to direct the respondents to sanction and release salary, allowances and other attendant benefits in terms of G.O.Ms.No.293, Health and Family Welfare (A1) Department, dated 18.06.2021.

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2. The writ petitioners are Assistant Professors, Assistant Surgeons, Junior Residents and Senior Residents respectively with super speciality, working in various medical colleges. According to the petitioners, the 1st respondent has issued of G.O.Ms.No.293, Health and Family Welfare (A1) Department, dated 18.06.2021 conferring various benefits to the writ petitioners/Doctors. The petitioners as well as their associations have made several representations to the officials concerned for implementing the said Government Order. However, there was no response from the concerned authorities. One of the doctors, A.Saravana Kumar had filed W.P(MD)No. 26630 of 2022 with the same prayer and this Court was pleased to allow the said writ petition on 26.10.2022. With a similar prayer, certain doctors had approached this Court in W.P(MD)Nos.

8392 and 14397 of 2023 which was allowed by this Court on 28.06.2023. Another batch of 5 doctors have approached this Court in W.P(MD)No.23466 of 2023 and the said writ petition was allowed on 26.09.2023. In all these writ petitions, the authorities have been directed to sanction and release the writ petitioner's salary, allowances and other attendant benefits in accordance with of G.O.Ms.No. 293, Health and Family Welfare (A1) Department, dated 18.06.2021.

3. There is no dispute that of G.O.Ms.No.293, Health and Family Welfare (A1) Department, dated 18.06.2021 confer several monetary and other benefits to the writ petitioner and the same is applicable to the writ petitioners also. However, the concerned respondents, namely the respondents 3 and 4 have not evinced any interest to confer the said benefits upon the writ petitioners.

4. In view of the above said facts, the respondents 3 and 4 are directed to confer the said benefits upon the writ petitioners in terms of G.O.Ms.No. 293, Health and Family Welfare (A1) Department, dated 18.06.2021 within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands allowed to the extent as stated above. There shall be no order as to costs. 28.11.2023 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi 5/7

To

1. The Principal Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

3. The Dean, Madurai Medical College, Madurai.

4. The Dean, Government Medical College, Karur.

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R.VIJAYAKUMAR,J.

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